LEGAL ACTION

Enforcing Eviction Decisions
The Board of Directors can decide to take legal action as a result of decisions under previous sections. The Board can choose someone to deal with legal actions for the Co-op. This will be the Co-op Manager unless the Board decides something else. The Board can limit that person’s authority by a Board motion. The Board can designate a Director or someone else to work with that person.
That person can:

give all necessary directions to the Co-op’s lawyers and paralegals

act as agent for the Co-op on court actions and at the Landlord and Tenant Board

make a settlement or other agreement.

Membership Rights on Eviction
a) Membership ends on the termination date in an eviction decision, even though the former Member can continue to occupy the unit until the Co-op gets an eviction order. Since the occupant is no longer a Member, the occupant cannot attend meetings of the Co-op as a Member, vote or run for the Board of Directors. If the occupant was on the Board, the position is automatically vacated on the day that Membership ends.
b) The Co-operative Corporations Act and the Residential Tenancies Act state when someone’s membership and occupancy rights are considered not to be terminated. This could be because the Member paid arrears by a certain time or for other reasons. When this happens, the occupant’s membership is restored. The occupant can attend meetings of the Co-op as a Member, vote or run for the Board of Directors. If the occupant was a Director when their membership ended, that person will not automatically be a Director when their membership is restored. They would have to be re-elected to the Board or appointed to fill a vacancy if they are eligible.
c) Any votes or actions taken by the Co-op during the time when the occupant was not a Member will be valid and binding.
d) No new Notice to Appear or eviction decision is needed in the case of:

repeat breaches within six months referred to in subsection 94.2(2) of the Residential Tenancies Act (Deemed termination of Membership and occupancy rights)
breaking the conditions in a mediated settlement agreement or order of the Landlord and Tenant Board as stated in subsection 94.11(2) of the Residential Tenancies Act (Deemed termination of membership and occupancy rights).

The Board of Directors can decide to go ahead with the eviction. The Member is not entitled to notice of the Board meeting but will be given notice as required under the Residential Tenancies Act. The Board decision may not be appealed to the Membership.

Interest
Members owe interest on all arrears and other amounts owing to the Co-op at the rate of six percent above the prime rate of any credit union or bank designated by the Board of Directors. The Co-op may include this interest when bringing legal action against a Member or former Member but will not normally claim interest at other times.

Rights Not Cancelled
The only way the Co-op can cancel or waive any rights is under an arrears payment agreement or other performance agreement or settlement agreement authorized under this by-law and signed by the Co-op. The Co-op does not waive any Notice to Appear, eviction decision or other rights by:

accepting arrears or compensation
sending reminder or other letters even if incorrectly addressed “Dear Member” or similar
recalculating housing charge subsidy from the Co-op
making any error on a Member ledger or other document
accepting a cheque or other item marked “Payment in Full” or anything similar
doing anything else except as stated at the beginning of this section.

Co-op Costs
The Co-op has the right to recover full indemnity costs (the actual legal fees and costs) of any legal action that the Co-op takes to recover money owed to it or enforce its rights under the by-laws.